If someone is an employee, they are entitled to an extensive array of rights.
Unlike workers and self-employed, they may be entitled to maternity or paternity leave, unfair dismissal, payslips, redundancy rights and so on.
For some rights, the employee must have worked for you for a specific length of time and for others it is a right from day one.
Do you know what rights employees are entitled to from their very first day of employment and which ones they acquire after time? Take our quiz and put your knowledge to the test!
Are the following statements true or false?
1 Employees with less than two years’ service cannot claim unfair dismissal.
FALSE! Irrespectively of how long they have worked for you, an employee can make a claim for automatic unfair dismissal if the main reason is, for example, health and safety concerns, whistleblowing, or for exercising certain statutory rights.
2 Employees with 26 weeks of continuous service have the right to Statutory Maternity Pay.
TRUE! Maternity leave is a day one right, but one of the eligibility requirements for statutory maternity pay is that they have continuously worked for you for at least 26 weeks.
3 All employees, regardless of their length of service, can request flexible working.
FALSE! An employee must have 26 weeks’ continuous service to have the right to request flexible working. Employees have a statutory right to request flexible working, but there is no right to flexible working. Employers must, however, consider the request in a reasonable manner and can only refuse a request for a clear business reason.
4 Employees are entitled to statutory redundancy pay after two years of service.
TRUE! An employee has the right to statutory redundancy pay only if they have worked for you for two years or more. The amount they receive will depend on their age and their length of service, but at present, redundancy pay is capped at £479 per week.
5 All employees, from their first day of employment, are entitled to request a written statement of reasons for their dismissal from their employer.
FALSE! In general, employees must have worked for you for two years.
However, if you dismiss someone while they are they are pregnant or on maternity leave, they must be given this statement, irrespective of their length of service.
How did you do? Remember that even before they become your employee, they have certain protections. For example, job applicants are protected from being discriminated against during the recruitment stage.
If you have any questions about employee rights, please contact your Employment Law Adviser for advice and guidance.